Nishat Ahmed Sheikh Professor and Head, Department of Forensic Medicine, Jaipur National University, Institute for Medical Sciences and Research Center, Jaipur, Rajasthan 302017, India, India
Address for correspondence: Nishat Ahmed Sheikh, Professor and Head, Department of Forensic Medicine, Jaipur National University, Institute for Medical Sciences and Research Center, Jaipur, Rajasthan 302017, India, India E-mail: drnishatsheikh@gmail.com
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Received : December 27, 2017
Accepted : January 08, 2018
Published : January 30, 2018
Abstract
Consent is an ethical principle. Medical treatment can only be administered with consent of a competent
patient. Giving the treatment without consent is failure to respect patient’s autonomy; violating an individual’s
right to self-determination. Any medical treatment given without consent is an action for trespass where
damages are payable. The core idea of autonomy is one’s action and decisions are one’s own. Therefore every
patient has the right to know what happens to his body. It is the moral and legal duty of a physician to inform
the patient about all the aspects of his illness and help him by advising so that he is able to make a logical and
intelligent decision about his treatment. Examining or treating a patient without his consent amounts to
battery and assault and may invite legal liabilities for a physician
References
1. Dogra TD, Rudra A. Consent in medical practice. In: Lyon’s medical jurisprudence and toxicology. 11th ed. Delhi: Delhi Law House; 2005. p. 180-208.
2. Schloendorff v Society of New York Hospital, 211 NY 125 (1914). Cited in: Machin V. Churchill’s medico-legal pocket book. 1st ed. Edinburgh: Churchill Livingstone; 2003.
3. Singh J, Bhushan. Medical negligence and compensation. 2nd ed. Jaipur: Bharat Law Publications; 1999. p. 11-4.
4. Symbiosis Centre of Health Care. Medico legal system: module X. Pune: Symbiosis Centre of Health Care; [date unknown]. p. 2.
8. American Academy of Pediatrics Committee on Bioethics. Informed consent, parental permission and assent in pediatric practice. Pediatrics. 1995;95(2):314-7.
This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator
This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator